New Port Richey Wrongful Death Lawyer

Recovering Damages for a Wrongful Death Case in New Port Richey

A wrongful death claim is handled similarly to a personal injury claim in that the victim is entitled to economic and non-economic damages for their suffering. For wrongful death claims, the suffering and costs endured by the surviving family are also considered, leaving the filing party eligible for damages for: 

• Medical bills
• Property damage
• Burial fees
• Loss of consortium
• Loss of a parental figure
• Lost wages or expected income
• Loss of Net Accumulations to the Estate

When you attempt to file a claim to recover damages without the support of a New Port Richey wrongful death lawyer, you are likely looking at a low settlement and possibly even a dismissed case if the paperwork is not correct. The insurance companies are insensitive to your family matters and will try to get away with providing you minimal compensation for your losses. An attorney will demonstrate gross negligence on behalf of the at-fault party and fight vigorously for the financial compensation and justice necessary to move forward. 

Note that Florida currently follows a modified comparative negligence law, meaning you are able to receive compensation even if you are found to be partially at fault for your accident. This is measured on a percentage scale. As long as the victim is not deemed to be more than 50% liable, their family can receive damages on their behalf. 

How a New Port Richey Wrongful Death Attorney Can Help

McPherson & Thomas, P.A. has decades of experience and a deep understanding of how overwhelming and scary the claims process can be, especially after navigating the loss of a family member. While you focus on recovering and healing with friends and family, our team of qualified attorneys will begin an immediate investigation into the wrongful death and begin to build your case and establish causation. We will help with the following:

Establish Liability

Liability is established through the four basic components of negligence, including: 

• Duty of care
• Breach of care
• Causation
• Damages

We will work to prove that, had the at-fault party not acted negligently and breached their owed standard of care to the victim, the victim would not have suffered their injuries and untimely death. 

Collect Evidence

To fully demonstrate to the court the causation of the injuries and the breach of care, your attorney will use collected and assessed evidence. Depending on the specifics of the accident and injury, this can range from photographs, time-sensitive security camera or traffic camera footage, eyewitness testimony, police reports, medical records, and field expert opinions. 

The sooner your New Port Richey wrongful death lawyer is able to begin investigating and collecting appropriate evidence, the better, as many of the included items are time-sensitive. 

Extensive Legal Knowledge

An obvious benefit of partnering with a dedicated wrongful death attorney is their extensive knowledge of Florida’s personal injury laws and regulations. They will ensure you adhere to the statute of limitations, which is currently two years. This means you have two years from the date of the passing to file the correct paperwork. 

For wrongful death claims, the actual claim itself must be filed by an appropriate party. In the state of Florida, this will be the identified personal representative. This is a title given in the victim’s will. If the victim dies intestate, or without a will, your wrongful death attorney in New Port Richey can help you take the steps necessary to establish a surviving family member, like a spouse, parent, or child, as the personal representative. 

Contact a Compassionate New Port Richey Wrongful Death Lawyer 

McPherson & Thomas, P.A. have handled many wrongful death claims and understand the trauma that such circumstances bring to the family and friends of one who has passed due to the negligence of another. 

If a family member has been killed due to the negligence of another, you should call our New Port Richey personal injury lawyers for a free consultation at (727) 848-8892 so we can discuss the specific facts involved in bringing the claim. You can also schedule an appointment using our contact form.